This is the first time that I am working with someone to report animal abuse and I am finding it more complicated than I would have expected. So I thought I'd get some help here, or at least share what I've learned.

A friend called me because their neighbor just had a baby and in response they put their yellow lab outside with no food,water or shelter. Its NJ in January, and the dog is cold and keeps trying to drink snow and begs to be let in. The family is in the house but they won't let the dog in.

They got this dog a few years ago as a pet for their first kid, from a rescue group. I don't know which one. But the dog is young and was a very active but sweet dog that is good with kids. My friend asked her neighbor to take the dog and the neighbor refused saying "we are from the Caribbean and dogs live outdoors." So he doesn't see that they are doing anything that is wrong. She doesn't want to push the issue and upset the neighbors any further.

We reported the abuse to the police who were uninterested and refused to even take a complaint. They said it was a matter for animal control, who wasn't answering their phones. So we reported the abuse to NJ SPCA and got a nice note and some response that they were going to investigate, which is nice, but now I haven't heard anything more from them, even though I asked them to follow up with us. My friend runs a rescue and agreed to find a foster and help place the dog if we can get him.

I am just feeling sick for the poor dog, and I don't know if there is more I can do. Its not like Pa, where you can leave your dog on a chain to rot, in NJ, dogs are entitled to shelter, food and water and this is animal abuse.

Quote:

4:22-26. Acts constituting cruelty in general; penalty

A person who shall

c. Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or unnecessarily fail to provide a living animal or creature of which the person has charge either as an owner or otherwise with proper food, drink, shelter or protection from the weather; or leave it unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature;

Shall forfeit and pay a sum according to the following schedule, to be sued for and recovered, with costs, in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals or a county society for the prevention of cruelty to animals, as appropriate, or, in the name of the municipality if brought by a certified animal control officer or animal cruelty investigator:....For a violation of subsection c., d., h., j., k., aa., bb., or cc. of this section or of paragraph (1) of subsection a. of this section, a sum of not less than $250 nor more than $1,000; and

So this should be a slam dunk for the SPCA to take custody of the dog and threaten to fine the family if they won't surrender him. But is there something else I could or should do?

_________________My oven is bigger on the inside, and it produces lots of wibbly wobbly, cake wakey... stuff. - The PoopieB.

It is really hard to prosecute animal abuse unless there is visible physical abuse going on, or neglect so severe that the dog is emaciated, has open wounds, etc. Unfortunately, if there aren't any specific guidelines, a piece of plywood leaning against a fence could be considered "adequate shelter". It really sucks, but even if animal control or spca workers go out, there may be nothing they can do.

Are you absolutely sure there's no water source? That may get the authorities out. Unfortunately there have been times we have been called by people saying a dog has no food or water and the owner will say that they give the dog food and water several times a day and then take the dishes away. And unless the dog is very underweight or dehydrated, there's no way to prove they aren't doing that.

You can definitely keep calling the authorities and nagging them. If you can, get your friend and any other people on the street to call. If they have multiple complaints from different sources, they may be more likely to go out there.

I know of some cases where local animal control/police/humane societies didn't do shiitake and people ended up paying money to purchase the animal to get it out of the situation. Not the most ideal, because the neglectful family doesn't get any punishment, but sometimes it's the only way (Of course, some people remove the dog without paying, but I can't really recommend that, it being illegal and all... ).

Joined: Fri Apr 01, 2011 11:51 amPosts: 6561Location: United States of New England

The sad thing about animal control is I honestly don’t think they care much about animals. This may differ from place to place but it seems to be a theme. I honestly think their main job is making sure rabies doesn’t spread. Im sure in more remote places they also deal with wildlife control too though not where I live. One of my dogs was mauled within an inch of his life a few years ago and I received a call from animal control in our town the next day. I mistakenly thought they were asking me how my dog was and I went on about how he was doing ok but it was really bad, etc etc etc thinking they CARED about the dog and then something in the middle of all this made me realize they just wanted to make sure he wasn’t foaming at the mouth (probably the complete and utter dead silence on the other end). I even stopped in the middle of my sentence and said “oh you just want to make sure he’s not presenting any signs of rabies?” and they were like “yeah.” So once I told him he was fine in that sense and that I had a copy of the other dog’s rabies vax on its way to me they were like “okgreatbye”So I would still *try* animal control but I wouldn’t expect anything out of them. especially since the dog is not being a nuisance (the people are!).This is just terrible I see why you are upset about this poor dog. Im sure you guys are just as cold in NJ as we are up here in MA and a couple mornings it was so cold out when we tried to walk the dogs they kept lifting their paws up cause their feet were cold. And our dogs are not small dogs!! It just absolutely sucks that it’s so hard to get something done about something that is a clear case of neglect. Someone should just go steal the dog and give it a good home.Stuff like this makes me so angry!

The SPCA officer visited the family and my friend talked to them as well. We were told that the family has now ordered a kennel and that the NJ SPCA officer told them the dog needs food, water and shelter. The kennel should be there today. The family said that the reason they put the dog out is that the dog pooped in house, and with a new baby they were unwilling to keep the dog inside. The Pets for Life Program has offered to help them with housebreaking the over phone and any other behavior advice so that they can feel comfortable bringing the dog inside. So our hope is that the family can be educated and the dog brought indoors. My friend is going to monitor that the dog is allowed indoors, gets training etc.

The family also said that if another report is made, they are going to surrender the dog, because they don't want to go to jail. So I feel like a bit of a jerk that these people don't realize that the worst that could happen to them is a $200 fine and that would take a lot of investigation that no one would ever do.

I just hope that this dog really does get the training and gets to come back inside. Even the warmest igloo won't make living outside in a cold backyard a good life for a social and very sweet dog. I am hoping for good things - love for everyone, a great doggie home, lucky kids with a great dog. But I am worried that it may not work out because hey, sometimes dogs do just poop in the house.

Dogs are social, pack animals, they don't want to be kept away from their family!

_________________My oven is bigger on the inside, and it produces lots of wibbly wobbly, cake wakey... stuff. - The PoopieB.

do you know the original rescue group they got the dog from? is it possible they signed a contract that says the dog will remain inside, and that by leaving it outside, they're breaking that contract, and the rescue group can come back and reclaim it?

The "owners" are leaving the dog outside, but now he has food, water and shelter (a plastic igloo), so its no longer legally "animal abuse". Its below freezing at night though. What human being with any empathy at leaves a dog out in the freezing cold, when he pooped in the house once. They're not following up on the offer of training.

We have figured out who the adoption group is, so now we have to see if we can convince them to take the dog back.

Every day that goes by that poor dog is out in the cold, begging to go in. And even if its survivable, leaving a dog alone in a backyard with no companionship seems so cruel. People suck sometimes.

_________________My oven is bigger on the inside, and it produces lots of wibbly wobbly, cake wakey... stuff. - The PoopieB.

That IS cruel. Honestly, I have had more luck playing the noise angle. In TN, there were no animal abuse laws but there WAS a noise ordinance that they would readily enforce. That was the only way I was able to get any relief from the people behind us leaving their dog out all night (and day), and of course he barked because he wants to go inside! If you can hear the dog past 10 pm at night, for more than 30 minutes (so when the cops ask how long he's been barking you don't sound like a douche when you say 'five minutes') call the regular police and complain about the noise. If anything, it might help them realize that the universe doesn't revolve around their needs.

_________________"The Tree is His Penis"

The tree is his penis // it's very exciting // when held up to his mouth // the lights are all lighting // his eyes start a-bulging // in unbridled glee // the tree is his penis // its beauty, effulgent -amandabear

It is so incredibly frustrating dealing with stuff like this. Most animal laws only require the bare minimum. I don;t know how much work you want to do, but the only thing that helped in my town was passing an anti-tethering ordinance. Now dogs cannot be tied out on a tether for longer than one hour at a time, and they can't be in a pen for more than 4 hours. So they basically have to be brought inside. There was an elderly dog in town that was chained out 12 hours a day while the family members were at work, and then when the people got home he would be shoved in the basement. His only shelter was a space under their back deck, which we were told qualified as adequate shelter. The neighbours were constantly calling and complaining that the dog was out in the rain, that he was howling and crying, but he had "adequate food water and shelter" according to the definitions, so animal control couldn't do anything beyond making sure the dog was licensed. The people refused all offers to rehome the dog. But with the anti-tethering law, they cannot leave the dog out without being fined every day. So the dog goes to doggie daycare a few days a week, and has a dogwalker the other days. I don't think the people pay any more attention to him, but at least he is getting love and attention from the daycare or dogwalker every day now.

One group that I found very helpful when working on the tethering stuff was Dogs Deserve Better http://dogsdeservebetter.com/ They work solely on chaining issues. They will put up fences for people, foster dogs to housebreak them, and rehome dogs if that is needed. They also have materials that explain why chaining a dog outside is bad. They have area reps in most states that you can contact for advice and help.

That IS cruel. Honestly, I have had more luck playing the noise angle. In TN, there were no animal abuse laws but there WAS a noise ordinance that they would readily enforce. That was the only way I was able to get any relief from the people behind us leaving their dog out all night (and day), and of course he barked because he wants to go inside! If you can hear the dog past 10 pm at night, for more than 30 minutes (so when the cops ask how long he's been barking you don't sound like a douche when you say 'five minutes') call the regular police and complain about the noise. If anything, it might help them realize that the universe doesn't revolve around their needs.

Thanks for the tip. We're trying to keep an open dialogue, one because the person who got in touch with me (via someone else) lives next door and wants to keep things civil and two because we're all worried about them just dumping the dog at a kill shelter. The other problem is that the police do not care. Not one bit. They basically hear the words "dog" and blow us off. Its frustrating. We have the NJ SPCA involved, who is responsible for enforcement, but they are so understaffed and basically if the dog has shelter of any kind they won't do anything, plus its our word against theirs. Unless the dog is starving, all they have to do is say yes they put food and water out, and they no longer meet the standard for cruelty.

Remember the horrible case of Patrick the pitbull who was starved almost to death and tossed into a dumpster? The Essex county DA wants to dismiss the cruelty charges against the "owner" - and it is just the public outcry that has kept this a live case. For a woman who tied a dog up in a stairwell, and then went on vacation, abandoned her dog and let him drop to19lbs (where he should have been 51lbs), and her reason "she thought someone would adopt him."

I kind of wish I hadn't gotten involved because I am feeling so bitter about this shiitake, but our involvement is the only thing making anyone pay attention.

_________________My oven is bigger on the inside, and it produces lots of wibbly wobbly, cake wakey... stuff. - The PoopieB.

RC, thank you! We LOVE Dogs Deserve Better, and I thought they were just in Pa. I'll definitely call them and see if we can get them involved. The anti-tethering wouldn't help if the dog isn't chained though right? He is free in a fenced in backyard.

My friend who offered the retraining is with the Humane Society and is offering free behavioral training etc, and these people aren't interested in accepting it now. To "retrain" a dog that pooped in the house once.

_________________My oven is bigger on the inside, and it produces lots of wibbly wobbly, cake wakey... stuff. - The PoopieB.

That's so awful. I know that my Mum's doggle Rover had something similar happen to her. A family with 5 kids bought her and kept her on a tether outside in freaking Calgary. Might have been ok for August/September, but it gets crazy cold there.....like, exposed skin will freeze in minutes cold. They brought her to the SPCA when she was 5 months old on Chrimble eve.....seriously, something out of a made for tv kids movie. I just can't imagine how someone could do that....especially to a puppy! She's an awesome doggie, but she had so many behavioural issues for a long time. She got so much separation anxiety when my Mum was not around...and a lot of destructive habits. She's also terrified of men with beards.

And Bries first humans abandoned her (I don't think "losing" Brie is possible, she is like velcro) when she was sick and in pain.

Thank you for fighting for this doggle, sending love to you and the sweet puppy.

It just feels like so much animal cruelty is everywhere. I don't even want to post some of the stuff that happens near us because its so sad and triggering, especially to pitbulls. We have a ton of dogfighting and in a nearby town where the population is very transient the animal-friendly councilperson was telling me that they routinely find pits left in basements when the tenants move. Sometimes they are left with a bag of dog food but often nothing. How can anyone do that?

I am glad for my friends in rescue, but I couldn't do advocacy 24/7. I have so much respect for people like you RC. I just feel so useless right now.

_________________My oven is bigger on the inside, and it produces lots of wibbly wobbly, cake wakey... stuff. - The PoopieB.

The anti-tethering wouldn't help if the dog isn't chained though right? He is free in a fenced in backyard.

Our tethering ordinance includes pens and defines them in such a way that a fenced in yard could be construed as a pen. Dogs can't be in a pen for more than 4 hours at a time. Dogs Deserve Better works with penned dogs as well.

Hopefully the rescue that adopted him out can help. If they are a good group, then the people would have had to sign some kind of contract. It sounds like getting the dog another home would be the best solution at this point.

If anyone wants a copy of our tethering/penning ordinance and information on how we got it passed, please contact me. I wrote it, and I would love for it to be passed in other communities.

The rescue that placed the dog is a good local group - they also have a behaviorist and a ton of other resources to help train the dog and prevent surrender. They also almost certainly saw the house and were assured that the dog wouldn't live outside. I am waiting to hear back because I am so upset that this poor dog is out in the freezing cold. And he is probably not even the worst off dog the animal cruelty officers will see today.

_________________My oven is bigger on the inside, and it produces lots of wibbly wobbly, cake wakey... stuff. - The PoopieB.

I hope those people see the light and find the dog a better home. It seems it is more a case of "mine" and they don't want the dog, but they'll be damned if anyone takes it away.

It sucks that you had to try so many different avenues for help. I'm not surprised the police didn't want to do anything. I've repeatedly tried to train and educate and push to charge cruelty cases. Neglect cases are even worse because people don't think neglect is cruelty. I get some positive response, but I also get so much shiitake from co-workers, other attorneys, cops and judges that it's made me cry in my office because I feel like I'm the only one who cares sometimes. Enforcement agencies are typically reluctant to remove an animal from a situation because they have to pay for the costs associated with boarding and care. In my state, it's specifically statutorily permitted to recover those costs from the defendants once they are convicted, but that's usually like getting blood from a stone.

Tofulish - that dog is still in bad situation, but you did so much more than most would have. Now at least s/he has shelter, which is better than nothing. Hopefully the dog will be inside a warm home soon.

Thanks for all you do fatcat! I think its amazing that you're someone who takes action, even when those around you don't. You're wonderful.

It is so cold here, that my eyes were tearing and our dog ran home as soon as he was done pooping on our walk today. It feels like 6F and this poor dog is outside and his people don't care. I am chasing the rescue and the SPCA today. It is obscene that I would face stiffer penalties if I freed that dog than they would if he dies.

_________________My oven is bigger on the inside, and it produces lots of wibbly wobbly, cake wakey... stuff. - The PoopieB.

That's good news for the dog. Hopefully the people don't just decide to get another dog in two months.

Tofulish wrote:

It is obscene that I would face stiffer penalties if I freed that dog than they would if he dies.

Our neighbor in TN started rescuing pitbulls, which turned into hoarding (20+ dogs), and she had one that was vicious that she would not get rid of. It attacked two dogs, and the third time she wasn't even home and we called the cops and my other neighbor took a 4x4 from my garden and beat the dog with it over the fence to get him off of the other dog (who was pinned right at the fence line and his head was getting pushed underneath). The officer showed up and he took a report but when my other neighbor asked about shooting the dog, the officer told him that since the dog was contained on its own property and not attacking a human, he couldn't draw his weapon. And if my neighbor had shot the dog, he would be going to jail. So if my neighbor hadn't taken initiative we would've just had to sit there and continue watching one dog kill the other (and I think that other dog did die). And if memory serves, she still kept the vicious one.

_________________"The Tree is His Penis"

The tree is his penis // it's very exciting // when held up to his mouth // the lights are all lighting // his eyes start a-bulging // in unbridled glee // the tree is his penis // its beauty, effulgent -amandabear

That's good news for the dog. Hopefully the people don't just decide to get another dog in two months.

I hope not and I kind of hate them. They agreed to have the dog live indoors when they got him and even signed a contract that they would, and then boom, they have another baby and they kick the dog outside in January for 3 weeks. Because now its all "we're from the Caribbean and that is how dogs live."

I hope they never get another dog, because really what kind of person kicks a dog outside for pooping in the house one time. Even Cuddles has pooped in the house.

And your pitbull story is horrible I am so sorry you had to witness that and it sucks that it is such an unsafe situation for anyone living near them, because that is clearly an unsafe dog. A friend of mine had her two dogs kill each other - one flipped out and attacked the other and they tore each other to pieces, so both had to be PTS - in front of her niece and nephew. It sounded like it was pretty terrible to watch, They couldn't separate them - so your neighbor was so smart to use the 4x4.

_________________My oven is bigger on the inside, and it produces lots of wibbly wobbly, cake wakey... stuff. - The PoopieB.